FAQs

A moveable dwelling is defined as:

(a)  any tent, or any caravan or other van or other portable device (whether on wheels or not), used for human habitation, or

(b)  a manufactured home, or

(c)  any conveyance, structure or thing of a class or description prescribed by the regulations for the purposes of this definition.

 A manufactured home is defined as:

A self-contained dwelling (that is, a dwelling that includes at least one kitchen, bathroom, bedroom and living area and that also includes toilet and laundry facilities), being a dwelling:

(a)  that comprises one or more major sections, and

(b)  that is not a motor vehicle, trailer or other registrable vehicle within the meaning of the Road Transport Act 2013,and includes any associated structures that form part of the dwelling.

A relocatable home is defined as:

Relocatable home means a manufactured home or other moveable dwelling, other than a tent, caravan, campervan or vehicle capable of being registered:

(a)  whether or not self-contained, and

(b)  that consists of at least 1 major section, including an associated structure forming part of the dwelling.

Section 68 of the Local Government Act 1993 specifies a range of activities where approvals are required to be obtained from the local council. These are known as 'section 68 approvals'.

Generally the installation of a caravan at a caravan park does not require a Section 68 application. However, in this case it is proposed to install two storey moveable dwellings on flood prone land, as such consent is required.

The Local Government (Manufactured Home Estates, Caravan Parks, Camping Grounds and Moveable Dwellings) Regulation 2021 applies. Council has no further current policies that apply at this time.

The Regulation contains provisions that apply to:

• the design of a park
• the operation of a park
• the installation of dwellings.

In this instance, the use of the land and the design of the park have approval from 1956.

The park makes an annual application for the operation of the park.  

The park design has been amended a number of times, most recently in 2019 (MA18/0400) when the new sites were considered and approved through a development assessment process under the Environmental Planning and Assessment Act 1979. At that time nine dwelling sites were reduced to four sites – sites A,B,C, and D. The application was assessed and determined on merit.

In this regard, the four Section 68 applications must meet the Regulation requirements for the installation of the dwellings.

The Regulations (cl140) do not allow for a carport to provide direct vertical support to a dwelling. Council can seek concurrence from the Departmental Chief Executive (the NSW Department of Planning) via an objection under Section 82 of the Local Government Act 1993 for a variation to these provisions. Concurrence has been requested and received.

The dwellings meet the other installation requirements of the Regulations.

The park design provisions of the Regulations apply to any upgrade/change of the park configuration, not the installation of moveable dwellings.

The applications meet the flooding controls of Chapter 40 Environmental Risk of the SSDCP2015. Council’s engineers have reviewed the flood assessment and reports and have concluded that the application meets the controls of Chapter 40 of Sutherland Shire Development Control Plan 2015 and appropriate conditions can be imposed. You can read the Flood Emergency Management Plan here. 

Sites A,B and C are currently vacant. Site D has an approval (CC(Ass)18/0012) for the installation of a moveable dwelling. The dwelling has been installed and a Notice of Completion submitted. An amended application is required to adjust the position of the dwelling on Site D.

In August 2019 consent was granted for the Temporary use of a moveable dwelling as an exhibition home at Woronora Caravan Park (DA18/0049). 

‘Exhibition home’ means a dwelling built for the purposes of the public exhibition and marketing of new dwellings, whether or not it is intended to be sold as a private dwelling after its use for those purposes is completed, and includes any associated sales or home finance office or place used for displays.

At this time the operators of the park have not acted on this consent. References to an ‘exhibition home’ have been removed from marketing material. The dwelling on site D is being marketed for rent/sale as a private moveable dwelling (as per the rent/sale of any such real estate) by appointment only.  

Installation of moveable dwellings in caravan parks is permitted provided the proposals meet the requirements of the Local Government (Manufactured Home Estates, Caravan Parks, Camping Grounds and Moveable Dwellings) Regulation 2021.

The caravan park was approved in 1956.  However the current configuration of the existing park prevents many of the sites from accommodating such moveable dwellings, as they do not meet the standards in the Regulations.

The park operators have lodged a development application (DA22/1071) which proposes to make significant changes to the layout and configuration of sites, to enable the installation of further two storey moveable dwellings. This application will be assessed in regards to the Environmental Panning and Assessment Act 1979, State and Council policies, and the Regulations. 

The merit assessment of this application is a separate process and neighbour notification has already concluded. Given that more than 10 submissions have been received, the application will be determined by the Sutherland Shire Local Planning Panel. 

The caravan park use is no longer permissible in the RE2 Private Recreation zone, under Sutherland Shire Local Environmental Plan 2015. As such, the caravan park relies on the benefit of ‘existing use rights’. Changes to lawful uses that are now prohibited are subject to the Environmental Planning and Assessment Regulation 2021 which contains provisions allowing an existing use to be enlarged, expanded, or altered, subject to certain limitations. Any application to amend the caravan park must demonstrate that the park will meet these provisions and continue to operate and remain as a caravan park, as per the approved use.  

For further information on this application please consult Council’s DA Tracker website:

DA tracker | Sutherland Shire Council (nsw.gov.au)